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BAVA KAMA 33

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PAST DEDICATION
BAVA KAMA 33-35 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the ninth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

SUMMARY

If after a person throws a stone and someone sticks his head out and is struck by the stone and dies the thrower is Patur for Galus and if the person is injured it is a Machlokes if he is Chayav the four payments. (1)
 
If a worker enters the property of his employer in order to claim his wages and he is gored by the ox of the employer if the employer can be frequently found in the town he is Patur from Kofer, but if he is not frequently in town the owner is Chayav Kofer.
 
If the owner can be found only somewhat frequently in town and he called out to the worker who was standing at the entrance, according to the Tana Kama he meant that he should stay where he is and if he entered and was gored by an ox he is Patur from Kofer.
 
Acherim hold that he meant that he should enter and therefore if he entered and was gored by an ox he is Chayav to pay Kofer.
 
If two oxen gore each other, if they are both Tam the one that caused more damage pays Chatzi Nezek for the difference. If they are both Mu'ad it pays Nezek Shalem for the difference.
 
If one ox is a Tam and the other is a Mu'ad and they gore each other, if the Tam caused more damage it pays Chatzi Nezek for the difference and if the Mu'ad caused more damage it pays Nezek Shalem for the difference.
 
If two people injure each other the one who caused more damage pays Nezek Shalem for the difference. If a Mu'ad and a person injure each other the one who caused more damage pays Nezek Shalem for the difference.
 
If a Tam and a person injure each other if the person caused more damage he pays Nezek Shalem for the difference and if the Tam caused more damage it pays Chatzi Nezek for the difference.
 
R. Akiva says that a Tam who injures a person must pay Nezek Shalem, however everyone agrees that it pays mi'Gufo and it is Patur from four payments.
 
R. Yishmael holds that if a Shor Tam causes damage the Mazik owes money to the Nizak, while R. Akiva holds that the Nizak is a partner in the Shor. (2)
 
According to R. Akiva if the Nizak is Makdish the Shor of the Mazik it is Hekdesh, while R. Yishmael argues.
 
According to R. Yishmael if the Mazik sells the Shor, the Nizak may collect the Shor from the buyer because it is an Aputiki. (3)
 
If someone makes a servant into an Aputiki for his Chov it has a Kol and therefore if he sells it the Ba'al Chov may collect from it.
 
If someone makes an ox into an Aputiki for his Chov if he sells it the Ba'al Chov may not collect from it. (4)
 
If the Mazik is Makdish the Shor Tam it is a valid Hekdesh. (5)
 
If a Shor Tam caused damage and the Mazik gave the Shor as a gift, it is a valid gift but the Nizak may collect it from the recipient.
 
If the Mazik slaughters the Shor the Nizak may collect from it but the depreciation from the Shechitah is not paid for by the Mazik.
 
Someone who damages a Karka that is Meshu'abad to his friend, or if someone burns the Shetaros of his friend he is Patur.
 
A Ba'al Chov may not collect his Chov from a Shor Tam that caused damage even if the Chov predated the Hezek.

A BIT MORE

1. According to one opinion he is Chayav the four payments because he is negligent for throwing the stone in a place where there are a lot of people.
 
2. Therefore according to R. Akiva if a Shor that is worth one hundred kills a Shor that is worth 200 the Nizak takes the Shor.
 
3. However, the sale is valid and if the buyer plows with it he does not have to pay rent.
 
4. However a Shor that gored is an exception because it has a Kol and it may be collected from the buyer.
 
5. According to R. Akiva the Mazik has no right to be Makdish it; however the Chachamim were concerned that people will say that Hekdesh goes out without being redeemed and therefore the Nizak must give something to Hekdesh before taking the Shor.

BRIEF INSIGHT

STARTING A FIGHT
 
If two people injure each other the one who caused more damage pays Nezek Shalem for the difference between the two injuries. However, this is only the case if they both started up with each other at once or one started but the other one immediately hit back, but if one is clearly the instigator the second person is Patur for the damages that he caused because he has the right to injure the other person in order to save himself. The same is true regarding two people who insult and curse each other that the person who started must pay the Knas. (Tur and Hagahos Maimoni)

QUICK HALACHAH

FOUR PAYMENTS
 
If a Shor Tam injures a person even if it intended to injure another Shor and it damaged a person it pays Chatzi Nezek for a Tam and Nezek Shalem for a Mu'ad and he is Patur from Tza'ar, Ripuy, Sheves and Boshes because only a person who causes injury pays four payments. (Shulchan Aruch CM 405:1)

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